Q: Can you be charged with a dui for walking intoxicated
A: DUI stands for Driving Under the Influence. A crucial element of the offense is that you were "driving" a motor vehicle at the time of the offense. Driving can be found even if the vehicle wasn't moving at the the time the police officer makes contact with you. For example, if you are sitting in a running vehicle which is capable of moving, you could be charged and convicted of DUI. However, if you weren't in a car, and weren't driving a car, and you were truly just walking down the street when contacted by the police, you cannot be charged or found guilty of DUI because you weren't driving a motor vehicle. If, however, you had been driving then parked (or crashed) a car, and were walking away from it when the police stopped you, you absolutely could be charged with DUI. Hope this helps!
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
